Friday, June 17, 2011

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  • dealsnet
    02-20 08:21 AM
    If you filed I-485 for your son, no need to file H-4. HE can use AP to go abroad. He is in AOS status. Not out of status. You can keep H1, if you want. Not the case for dependants.

    Once file I-485, you are fine.

    I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.

    One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.

    Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.

    Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.




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  • abe1
    12-27 12:07 AM
    Hope some of you might have seen the Wall Street Journal story this weekend on visas/Green Cards for owners of start-up businesses. (Foreign Entrepreneurs Eye StartUp Visa Act - WSJ.com (http://online.wsj.com/article_email/SB10001424052748704694004576020001550357580-lMyQjAxMTAwMDIwNTEyNDUyWj.html) )

    According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.

    The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; “Immigrants are nearly 30% more likely to start a business than non-immigrants ” and “about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs” . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn’t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn’t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .

    Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don’t have the actual numbers. Aren’t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?




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  • GCOP
    01-08 03:51 PM
    If you have already sent passport along with I-94, don't worry. They will return your Old passport with I-94 & New passport.
    i did not remove the i-94's and have already sent the passport for renewal. i do have a scanned copy of the i-94's. is there anything i can do at this point to get back the i-94's? i hope this does not pose a problem when i plan to travel outside the US. any advice is much appreciated.




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  • fromnaija
    07-20 05:32 PM
    Thank you!

    http://www.insvisa.com/faq/department_state.htm#15

    not an authoritative source but if both of you are in USA right now then you need to bring the kid now before GC approval on dependent visa



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  • GoneSouth
    09-03 03:06 PM
    Doesn't matter. MS+0 works just fine. (My EB-2 was MS+0).




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  • number30
    03-28 07:54 PM
    As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?

    Call IRS. They help you very well.



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  • raju123
    07-08 05:06 PM
    I don't know the thinking of some people. immigration-law has nicely covered flower campaign. What is the reason to criticize?

    We have very fewwwwwww friends for our cause. Mathew Oh is one of them. Do you guys want to loose few friends???? Are we going to win any battle without others support???

    Please delete your negative comments and I request not to do any negative comments for like minded organization or person.




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  • mihird
    02-24 02:19 PM
    Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.

    My CPA had itemized my wife's travel expenses for H1-B stamping on the 2006 return. Here's the logic for justifying the travel to get the visa stamped.

    The H4->H1-B change of status is truly a change of intent, and traveling back to your home country and re-entering with a proper visa within a reasonable time after the change of status is what most immigration attorneys will advise.

    GC expenses, however should not be claimed. H1-B is needed for the job, GC is not...

    There are instances of people have trouble re-entering if they had not got their H1-B visa stamped in a timely manner after the change of status...



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  • needhelp!
    09-16 01:17 PM
    Check this task off your TO DO list..




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  • raysaikat
    04-22 01:36 AM
    Hello
    My story is:
    I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
    Questions are:
    1. Can my employer apply for a Perm Cert for me if they want.
    Yes.

    2. After getting the perm cert. can my employer file I 140 under EB3 for me?
    Yes.

    3. Will I be eligible for premium processing for I 140 application, in 15 days?
    I-140 premium processing was suspended and then resumed again only for some H1-B status holders last year. I do not know if USCIS removed the restrictions. If not, then you would not be eligible since you are not on H1-B.

    4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
    a. Then I'll still be working with my current EAD, right?
    Depends. J-visa status requires non-immigration intent. I do not know if submission (and approval) of I-140 constitutes expressing immigration intent. If yes, then your status would cease and your J-2 EAD will not remain valid. Ask an immigration lawyer.

    b. Then what happens after May 2011?
    Unless you have some other VISA that would allow you to stay in the US, you need to leave US.

    c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?

    You cannot file I-485 until your priority date -- the date when your employer submitted labor certification petition --- becomes "current" (i.e., the month when Department of State's published cut-off date for EB3 goes after your priority date). Currently EB3 cut-off date is 22APR03. So plan on waiting for about 10 years or more.

    d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
    thank you very much

    No. You cannot even stay in US unless you have some other VISA that would allow you to stay in US.



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  • vethalan
    05-27 11:36 AM
    I E-filed on Apr-13th. Sent doc's on Apr-19th. LUD Apr-21st. No Photo's sent with doc's.
    Waiting for FP/Approval.




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  • poorslumdog
    09-04 03:38 PM
    If at this rate the people are dying, In 1-2 years every one will be finished.
    Do they die because of RAT FEVER, SLUM DOG FEVER, MONKEY FEVER or SWINE FLUE ???

    Man...you rock



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  • sriramkalyan
    01-02 11:19 AM
    !!! Canada!!!




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  • bhasky25
    08-13 02:17 PM
    The fee increase is only for companies which has more 50% of their employees on H1B visa. So counting 85K visa's for 4 years is not correct.



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  • masouds
    08-30 02:49 AM
    Hi frnds,

    I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.

    Tanx.

    You sure you want to go there? People talk tough (use f word, b word and Samuel L. Jackson's favorite word a lot to create an impression of "Don't you mess with me I am one tough guy"
    Is he bad with H1-B people only or everyone regardless of their race/background/favorite color/etc?
    Before you do anything, consult with a lawyer. In most places, you can complain to your boss' boss, or to HR. But please do that after talking to a lawyer (labor law). In some environments it is normal to be like that.
    having said that, have you tried to find out what his real problem is? (assuming he is a he. )




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  • maverick_joe
    02-12 03:25 PM
    gc_bulgaria, whos is the primary on your application? you or your spouse?and who falls under ROW?

    These are the following I used on top of the stupid cover letter that I am sure they dont see.

    1. Talk to Congressman's office
    2. Letters and faxes to USCIS
    3. AILA liason (through your lawyer).

    In my case the lawyer's connections helped. Even though my PD is current now as per VB, till they reach my notice date, they will not touch it.



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  • sanju_dba
    02-01 09:22 AM
    Congrats!




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  • IN2US
    03-17 11:21 AM
    Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
    Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.


    no offense but the above doesn't make any sense what so ever, so does majority of your posts.
    and stop pretending to be a guru on immigration issues and leave the analysis part to the real experts.

    Peace :)




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  • eagerr2i
    07-16 11:37 PM
    W-2 is from the employer, that you got paid. Tax return is form 1040 you filed with IRS




    pani_6
    08-23 10:49 AM
    People who have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..




    pmb76
    07-17 01:16 PM
    DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.

    Please have some patience. IV core are working professionals like you and me. This is not their full time job and they are doing this in their spare time. They will update us as soon as the news is out.



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